Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/05/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Village Public Safety Officer Program | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 5, 2018
1:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Pete Kelly
Senator Bill Wielechowski
Senator Click Bishop
MEMBERS ABSENT
Senator Mia Costello
COMMITTEE CALENDAR
PRESENTATION: VILLAGE PUBLIC SAFETY OFFICER PROGRAM
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
VICTOR JOSEPH, Chief
Tanana Chiefs Conference
Fairbanks, Alaska
POSITION STATEMENT: Participated in the presentation on the
Village Public Safety Officer Program.
RICHARD PETERSON, Chief
Central Council Tlingit & Haida Indian Tribes of Alaska
Juneau, Alaska
POSITION STATEMENT: Participated in the presentation on the
Village Public Safety Officer Program.
SERGEANT JODY POTTS, Director
Tanana Chiefs Conference
Village Public Safety Officer Program
Fairbanks, Alaska
POSITION STATEMENT: Participated in the presentation on the
Village Public Safety Officer Program.
JASON WILSON, Public Safety Manager
Tlingit Haida Central Council
Juneau, Alaska
POSITION STATEMENT: Participated in the presentation on the
Village Public Safety Officer Program.
NICK GASCA, Deputy General Counsel
Tanana Chiefs Conference (TCC)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the Village Public
Safety Officer Program.
ACTION NARRATIVE
1:34:59 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Bishop, Wielechowski, and Chair Coghill.
^Presentation: Village Public Safety Officer Program
PRESENTATION: VILLAGE PUBLIC SAFETY OFFICER PROGRAM
1:35:22 PM
CHAIR COGHILL announced the business before the committee would
be to hear a presentation on the Village Public Safety Officer
(VPSO) Program. He noted that the commissioners of public safety
and corrections were in the audience and expressed gratitude for
the work VPSOs do daily.
1:37:09 PM
VICTOR JOSEPH, Chief/Chairman, Tanana Chiefs Conference (TCC),
Fairbanks, Alaska, introduced himself and TCC staff and thanked
the committee for the opportunity to discuss the Village Public
Safety Officer (VPSO) Program.
1:37:42 PM
SENATOR KELLY joined the committee.
CHIEF JOSEPH stated that TCC manages about 200 grants totaling
about $190 million, primarily in health services programs. About
75 percent of the organization is devoted to health care
services and employs about 900 employees. Sixty percent of the
employees reside in Fairbanks and 40 percent reside in rural
areas in the Interior covering about 235 square miles. Putting
that in perspective, it's a little smaller than the state of
Texas. He noted that the 48 state grant programs Tanana Chiefs
has been managing total about $8 million.
1:39:19 PM
RICHARD PETERSON, President, Central Council Tlingit & Haida
Indian Tribes of Alaska ("Tlingit & Haida"), Juneau, Alaska,
stated that Tlingit & Haida is a federally recognized tribe that
only operates tribal programs. They do not administer health or
housing, which is slightly different than regional nonprofits
like TCC. Tlingit & Haida represents more than 30,000 tribal
citizens world-wide as well as citizens of other federally
recognized tribes that reside within its service area.
Tlingit & Haida also operates programs for non-Native parents or
family members of tribal children. These include child support,
Tribal Temporary Assistance for Needy Families (TANF), Indian
Child Welfare Act (ICWA), and services in tribal court when
jurisdiction exists for divorces, marriages, and guardianship of
tribal children. Tlingit & Haida has a vocational training
center in Juneau that serves many non-Natives that offers the
only commercial driver's license (CDL) course in Southeast. They
serve both Head Start and RurAL CAP (Rural Alaska Community
Action Program, Inc.), mostly in Southeast. They run tribal
transportation services in many communities that entails
building bus stops, sidewalks, and other things that enhance the
transportation needs of their citizens.
Tlingit & Haida has a budget of about $30 million and
administers about 70 grants following fiscal, state, and
calendar years. They have about 245 employees in the region, 200
of which are in Juneau. The rest are VPSO, Head Start, and
satellite TANF locations in Sitka and Ketchikan. They have 20
departments serving other programs, they do government
contracting, and have 600 employees throughout the country. Most
recently they were the successful bidder on a project on Kodiak
where they have 60 employees.
1:41:56 PM
SERGEANT JODY POTTS, Director, Tanana Chiefs Conference (TCC),
Village Public Safety Officer Program, Fairbanks, Alaska, stated
that she has been a VPSO since 2009 and was the first female
VPSO sergeant in the program. She related that she was raised in
Eagle and recalls the positive public safety impact the first
VPSO had on the community.
She explained that the VPSO Program was created in the late
1970s to confront rural crime issues that the centrally located
Alaska State Troopers had difficulty addressing. The program was
also created to save money for the state. The savings come
through unfunded mandates on the hosting communities whereby the
tribe or city government paid for much of the support of the
VPSO. In the 1980s and 1990s many of the officers made minimum
wage, used their own equipment, and paid for gas in their work
vehicles to do patrols. Part of the reason for that is that
tribes do not receive public safety or law enforcement funding
because of the federal statute, Public Law 280.
SERGEANT POTTS advised that the Native nonprofit regional
contractors such as Tlingit & Haida, TCC, Bristol Bay Native
Association (BBNA), and others continue to use their own funding
to make the VPSO Program as successful as it can be under the
current restraints. The legislature funds the VPSO positions,
the training, and uniforms. Today, 38 rural communities in the
TCC region have a VPSO presence, but 37 villages in the region
have no law enforcement presence. Recruitment and retention
within the region has been difficult. TCC is using its own funds
to support recruitment activities and to provide broadband
internet.
SERGEANT POTTS said rural Alaska has changed in the last 40
years and the needs today are different than when the program
was created. Communities today are impacted by designer drugs
and polysubstance use, which is creating an unsafe environment
for officers and the community alike. The current management of
the VPSO Program is not effecting change in the region.
1:47:51 PM
JASON WILSON, Public Safety Manager, Central Council of the
Tlingit & Haida Indian Tribes of Alaska ("Tlingit & Haida"),
Juneau, Alaska, stated that Tlingit & Haida has participated in
the VPSO Program since it was developed. He joined the program
in 2009. He explained that in 2006 Tlingit & Haida returned
oversight of the program to the state due to lack of funding for
a coordinator position. They took it back in 2009. VPSOs now
serve the communities of Kake, Angoon, Saxman, Hydaburg, Thorn
Bay, and Kasaan. The position in Pelican is vacant.
MR. WILSON discussed recruitment and retention difficulties that
started in 2015 and the housing shortage for VPSOs despite help
from their sister agency, Tlingit & Haida Housing Authority. He
noted that the community of Saxman wrote a grant and built
housing in that community for the VPSO and other Tlingit & Haida
personnel. He also discussed the initial 15 percent cap on the
indirect rate that created a 26-27 percent shortfall on Tlingit
& Haida's $1 million budget. He noted that the cap was raised to
30 percent in 2009. He described the cap as an arbitrary number.
1:54:38 PM
MR. PETERSON explained that the indirect rate, which currently
is 32 percent, refers to the negotiated amount Tlingit & Haida
spends to operate a grant. If an agency or grantor doesn't meet
the full indirect rate, Tlingit & Haida must come up with the
balance. He agreed with Mr. Wilson that the cap is arbitrary.
CHAIR COGHILL remarked that the legislature was looking for
partnerships, solutions, and ways to move forward.
1:57:25 PM
NICK GASCA, Deputy General Counsel, Tanana Chiefs Conference
(TCC), stated that today he was speaking as an advocate for the
VPSO program. He related that in February 2017 the VPSO grantees
met with Commissioner Monegan to voice opposition to the
proposal to make VPSOs state employees under the Alaska State
Troopers. The commissioner committed to work with the VPSO
caucus and contractors before implementing the plan. To his
knowledge that proposal is not moving forward, but some of those
ideas have cropped up in the legislature. That idea and some of
the justifications as well as some myths about the VPSO Program
have been circulating.
MR. GASCA said the contractors, the VPSO caucus, and the state
share the common goal of providing the best public safety
possible in rural Alaska, but they do not agree with making
VPSOs state employees. He highlighted that the tribes have not
been asked how they feel about this drastic change in policy.
MR. GASCA discussed the following justifications and their
responses to the proposal to make VPSOs state employees.
1. If VPSOs were state employees, the Department of Public
Safety would have a direct relationship with the tribes and
the tribal grantees would be the middlemen to the
Department of Public Safety (DPS).
He pointed out that they don't act as middlemen. They gather
feedback, address trends, use their resources to advocate for
tribes, and have authority to act on behalf of the tribes they
represent. DPS doesn't have the budget to do outreach in rural
communities like TCC is able to do. He noted that for the last
three summers Chief Joseph has visited rural communities to
listen and gather information about concerns and pressing
issues.
2. If VPSOs were state employees, it would be easier to work
directly with tribes.
MR. GASCA said nothing prevents DPS from reaching out directly
to tribes now. Even if that were to happen it would not solve
any problem.
3. Making VPSOs state employees would provide better cross
deputation opportunities. DPS would then have an
opportunity to enforce tribal law in addition to state law.
MR. GASCA said they support cross deputation but that can be
done right now. The focus should be on enforcing state law and
reducing the crimes against women and helpless children.
4. Making VPSOs state employees would eliminate multiple
supervision layers for VPSOs and standardize the program
under DPS.
MR. GASCA advised that VPSOs are currently supervised by a
contractor/coordinator and they follow TCC and VPSO policies. He
added that in August 2016, TCC caucused with DPS to address
problems with supervision layers and other impediments to smooth
operation. TCC feels progress has been made and there is no
reason to relocate the program under a new agency.
5. Making VPSOs state employees would generate cost savings.
MR. GASCA said they have not seen any budgetary justification to
show that this would result in a cost savings.
6. Making VPSOs state employees addresses liability concerns
for VPSOs as contractors.
MR. GASCA advised that TCC is well aware of liability concerns
but is working through them just as they have with liability
concerns related to health care.
7. Making VPSOs state employees would provide tribes with
resident pipelines to the state.
MR. GASCA pointed out that rural hub communities have resident
pipelines to the state through the Alaska State Troopers, but
many people still don't feel safe and are exposed to violence.
He said the bottom line for contractors is that this proposal
would lead to more control over rural law enforcement in
predominantly Native communities and it's not in the best
interest of rural Alaska. He highlighted the following from the
November 2013 Indian Law and Order Commission report, which
supports this position:
The strongly centralized law enforcement and justice
system in the state of Alaska are of critical concern
to the Indian Law and Order Commission. They do not
serve local and Native communities adequately, if at
all. The commission believes that devolving authority
to Alaska Native communities is essential for
addressing local crime. Their governments are best
positioned to effect arrest, prosecute, and punish and
they should have the authority to do so or to work out
volunteer agreements with each other and with local
governments and the state on mutually beneficial
terms.
MR. GASCA reiterated that TCC believes that making VPSOs state
employees is a step in the wrong direction. He urged the
legislature to ask the tribal communities and the contractors
who run these rural programs what they think about this
proposal.
2:11:05 PM
CHAIR COGHILL said the points are well taken but the Senate has
not entertained such a proposal. He added that he had heard the
rumor.
MR. GASKA said that's good to hear.
2:13:39 PM
SENATOR BISHOP stated that he's always ready to have a
conversation about potential solutions.
CHIEF JOSEPH said TCC heard the rumor and wanted to make sure
their concerns were expressed because until recently it's been
frustrating to work alongside DPS to try to effect change.
Things have been going in a more positive direction recently. He
said he was pleased that Commissioner Monegan and the deputy
commissioner were present to hear the concerns. He talked about
collaborative talks in the Governor's Tribal Advisory Council
(GTAC) meetings, and with the attorney general's office,
corrections, public safety, and tribal contractors to discuss a
successful program going forward. He stressed the need to have
the flexibility and authority to run the VPSO program
efficiently and effectively. He pointed out that TCC has a
nationally and internationally recognized knowledge base to run
successful programs. They want to use that knowledge to design a
VPSO program that is flexible and meets the needs of their
individual communities.
2:23:53 PM
CHAIR COGHILL asked if TCC was working with the commissioner to
address regulatory issues.
CHIEF JOSEPH replied a [GTAC] subcommittee is looking at
statutes, regulations, and administration management. Some of
the concerns are regulatory, but many of the issues are within
the grant itself.
CHAIR COGHILL advised that the legislature looks at getting the
best benefit for the dollar.
CHIEF JOSEPH said DPS has been returning program money because
it's not being spent and TCC would like to use that money for
things like needed gear, communication equipment, and travel to
communities. He noted that the House supports ensuring that $500
thousand is available for VPSO travel. Having the flexibility to
use that money like they do in other contracts would make it
possible to send officers where they're needed.
CHAIR COGHILL asked if contracts would need to be rewritten.
CHIEF JOSEPH said they are required to make a request for
everything outside a line item, which takes a lot of
administrative time. Most contracts for state programs have the
flexibility to move a certain amount of money from one line-item
item to another. He said he wants TCC to be able to maximize
resources and run a successful program.
2:30:23 PM
MR. PETERSON said the idea of compacting scares some people but
the tribes are very sophisticated and they are accountable.
Compacting would give the flexibility to design a program for
all of Southeast. He agreed with an earlier comment that the
tribal viewpoint is very holistic looking at the health and
wellbeing of the whole community, Native and non-Native alike.
He related a personal story to illustrate the crisis in
communities that do not have a law enforcement presence. He said
he tries not to be too dramatic, but you don't know what scared
means until you've been held a gunpoint by somebody high on meth
and you have no backup. This is what people in rural Alaska face
and they may only have a neighbor as backup. He said bad things
happen in urban areas too, but the police or a SWAT team sweeps
in to neutralize the problem. He said they are asking to use the
money that DPS returns to the general fund each year to build a
flexible VPSO program that fits the needs of rural Alaska. He
pointed out that we're all Alaskans and we should all feel safe.
CHAIR COGHILL said the overlap of state, federal, and tribal
authority is problematic, but he too maintains that it's about
Alaskans. It's a continual push and pull to work together but it
comes down to cooperation and getting the dollars to the best
place.
MR. PETERSON countered that Tlingit & Haida is a tribal
government, but it is not race based. Further, the state would
not need to relinquish authority if it were to compact with
Tlingit & Haida and TCC to develop a more relevant VPSO program.
He pointed out that Tlingit & Haida is currently doing an OCS
compact in which the state does not give up authority. Duties
are shared.
CHAIR COGHILL shared that he's been part of the problem and
solution over the years.
MR. PETERSON expressed appreciation for the work that Senator
Coghill has done with tribal courts and being a general ally. He
added that updating the VPSO program can be done collaboratively
and for the best interest of Alaskans.
CHIEF JOSEPH directed attention to the document titled
Challenges and Solutions that lists five problems and possible
solutions for the 40-year-old VPSO program. Copies are in
members' packets and it is posted on line. He said they are
asking for the committee's support when it looks at the House
efforts. He requested adding travel dollars and changing the
intent language to allow spending the appropriations as
designed. He said it doesn't make sense for them to give back $1
million when there are public safety needs in rural areas. He
restated that since the last GTAC meeting there has been a shift
in the working relationship with DPS thanks to Commissioner
Monegan and Deputy Commissioner Comer. He concluded his comments
saying we need more flexibility and authority to manage these
grants. Allow us to do our job and we'll do it successfully.
2:40:09 PM
SENATOR BISHOP asked if VPSOs have summer and winter uniforms or
just one for year-round use.
SERGEANT POTTS replied there is just one type of VPSO uniform.
It is winter weight with long sleeves, which is too hot in the
Interior during the summer. Things like that contribute to low
morale and poor recruitment. It wouldn't be expensive to make
some changes to the uniform and it would improve morale.
SENATOR BISHOP asked if it's by design that 37 villages have no
law enforcement.
SERGEANT POTTS said no. TCC currently has two VPSO rovers based
in Fairbanks and one based in Nenana. They have requested more
rovers because housing shortages and low wages make it difficult
to recruit someone to live and work in small communities that
have very high living costs.
SENATOR BISHOP asked if their recruitment efforts reach down
into grade schools to talk about what VPSOs do.
SERGEANT POTTS said yes; VPSOs regularly visit schools when they
travel to villages but there isn't a lot of interest. She shared
that about four years ago Alaska State Troopers, FBI, U.S.
Marshals, and VPSOs visited schools along the Yukon River. When
the students were asked how many wanted to be VPSOs nobody
raised their hand, but lots of kids were interested in the other
fields of law enforcement. She opined that the kids could see or
sense the low morale and lack of support that VPSOs experience.
SENATOR BISHOP asked if a lot of the problems related to travel
and overtime would be resolved if they didn't need to return $1
million every year.
CHIEF JOSEPH said yes, but what they are requesting is that
their contracts are fully funded and that they have the
authority to move money between the line items, just as they do
on any of the other contracts they manage. This allows them to
adjust the budget to make it work.
2:46:02 PM
SENATOR WIELECHOWSKI asked if they have data on crime rates in
villages with and without VPSOs.
SERGEANT POTTS said yes; crime numbers increase significantly
when there is a VPSO in the community because people are more
inclined to report. Once the VPSO has been in the community for
some time, crime rates begin to fall.
SENATOR WIELECHOWSKI asked if crime is increasing in villages
and why that might be.
SERGEANT POTTS said she attributes the increasing crime to a
lack of law enforcement and the polysubstance abuse they're
seeing in communities.
CHIEF JOSEPH added that his concern is the number of unreported
and very serious crimes committed against people.
CHAIR COGHILL asked what some of the unfunded mandates are that
seem to be unsolvable.
SERGEANT POTTS cited the high cost and limited availability of
housing and the lack of secure holding cells.
CHAIR COGHILL thanked the presenters for bringing forward the
potential solutions to the challenges and for the work they do.
2:54:52 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:54 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| VPSO Program - Challenges and Solutions.pdf |
SJUD 3/5/2018 1:30:00 PM |
JUD |